Michigan Criminal Lawyers Blog

October 12, 2012

Sobriety – an Important Factor in a Michigan Driver’s License Restoration Appeal

Michigan driver’s license restoration attorneys know that the most important factor in getting your driver’s license restored when it has been suspended because of DUI/OUI is your ability to remain sober. Any driver can claim that they no longer drink, and will not pose a risk on the roads. Simply saying that you are now sober won’t get the job done. Examiners at your DAAD hearing will want proof that there is a low risk of you getting behind the wheel after you have consumed alcohol, and subsequently being charged with DUI or OUI again.

Have your driver’s license restored is not an easy task; it is essential that you obtain the guidance of a skilled Michigan driver’s license restoration lawyer who can ensure that you are well prepared, and that all necessary documentation has been gathered.

When you attend your DAAD hearing, Hearing Officers will demand that there is clear evidence that your alcohol problem is currently under control, and that (perhaps even more important) you are not likely to consume alcohol in the future.

Essentially, living a sober lifestyle is the key to having your driver’s license restored. While it may sound like an impossible accomplishment, as time goes by remaining sober becomes second nature. If you’re someone who usually drinks and parties on the weekends, it’s hard to imagine facing the weekend without a drink. How will it feel to spend the weekend in a sober state of mind? What will your friends think? This brings us to another point.

It’s likely that in order to maintain your sobriety, you will need to find a new set of friends. Hanging out with people who drink while watching a movie or football game, or who like to make the rounds to all of the clubs on weekends will make your efforts to remain sober nearly impossible.

Essentially, you will need to change up your “routine,” not going to those places that tempt you to drink. Whether you drink every day of the week, only on weekends, are a closet drinker or even a “binge” drinker, it’s important that you avoid those people/circumstances/places that are a temptation.. For instance, you wouldn’t want to make a stop at the liquor store you usually frequent to buy a coke or package of nuts. Avoid temptation, and it’s easier to avoid a relapse.

October 10, 2012

Kalamazoo Bank Embezzler Receives Federal Prison Term of 1 Year and 1 Day

by Scott Grabel

On October 2nd, Tammy Lynn Lumbard was sentenced by U.S. District Judge Paul L. Maloney to serve one year and one day in federal prison after being convicted on one count of bank embezzlement. The mother of three worked as a teller and supervisor at a Huntington Bank branch in downtown Kalamazoo.

In June, Lumbard pleaded guilty to stealing more than $108,000 from customers of the bank. According to news reports, Lumbard was making out checks on various customers’ accounts payable to “cash,” then forging their names on the checks. Her attorney asked that she not serve prison time and for the judge’s leniency because of his client’s family situation, however the judge denied that request.

However, Lumbard did receive a lesser sentence than the standard federal sentencing guidelines of 15 to 21 months in prison. Ray Kent, Lumbard’s attorney, requested that his client be placed on probation and sentenced to house arrest or community confinement. He wanted leniency for Lumbard due to alleged hardships in her life, and cited reasons including that she was the sole provider for the family. Kent said in the sentencing memorandum that Lumbard carried “guilt” because of uprooting her children, and that bills were piling up due to Lumbard being the only source of income for the family. He claimed that things got out of hand although his client intended to repay the money, and that the situation snowballed.

After being charged with embezzlement, Lumbard’s second husband forced her and the children to leave the home. Kent said that his client had saved a “sizable” chunk of money to begin repaying the money she had taken, but that her husband took the money. In addition to the one year, one day federal prison sentence, Lumbard was ordered to pay $108,630 in restitution.

The judge recommended that Lumbard be incarcerated at a facility close to her home, and that she receive a mental health evaluation and treatment while in prison.

Charges of embezzlement and/or fraud are extremely complex, and require the expertise of a skilled Michigan embezzlement defense attorney. Depending on the circumstances, those convicted may face up to 20 years in prison and substantial monetary fines/restitution.

October 9, 2012

Detroit Man Charged in Incident That Injured Beverly Hills Police Officer

by Scott Grabel

On Thursday October 4, an incident began when police responded to reports of a man with a gun at a TGI Fridays restaurant in Southfield. Officers gave chase when the man drove away from the restaurant; the pursuit went on for several miles before the suspect slammed in to a Beverly Hills Public Safety vehicle which was parked as the officer was placing “stop sticks” in the roadway. The officer was injured in the crash.

The high-speed chase eventually led to the arrest of 24-year-old James Bracy of Detroit. He was charged with multiple offenses including fleeing and eluding an officer causing serious bodily injury. Bracy is being held in the Oakland County Jail on a $1 million bond after being arraigned in Southfield District Court on Friday.

According to news reports, police chased the suspect north on Evergreen Road; just north of 13 Mile Road, Bracy lost control of the vehicle and struck a fire hydrant before crashing into the parked vehicle. After crashing into the Beverly Hills police cruiser, the suspect then struck the officer. Police said that the officer was thrown approximately 30 feet after being hit. His identity was not revealed, but officials claim that he is a 10-year veteran of the Beverly Hills Police Department. He was treated for a broken hip, arm, wrist and femur at Beaumont Hospital in Royal Oak. The suspect was treated for a broken nose at a local hospital prior to being taken into custody.

Bracy faces additional charges of carrying a concealed weapon, operating on a suspended license, possession of a weapon by a felon and possession of a firearm in the commission of a felony (two charges). He was convicted for carrying a concealed weapon in 2010 according to the Michigan Department of Corrections, and was released from prison in October of 2011.

Michigan gun crime attorneys know how serious these charges are, and understand the severe consequences those convicted face. Fleeing and eluding an officer resulting in serious bodily injury is a 10 year felony; the other charges will no doubt mean additional penalties for Bracy if convicted.

October 8, 2012

Roseville Mother Injured Trying to Save Children in Carjacking

by Scott Grabel

On October 4th, a 31-year-old mother was injured as she was run over while trying to save her children from a carjacking. At about 8:45 Thursday morning, the woman and her two children had gotten into her 2009 Jeep Grand Cherokee and were preparing to head to school when she realized she had forgotten something. She left the vehicle running as she went back inside the home; upon coming back out of the house, she witnessed two males which she described as “younger looking” getting inside her vehicle with her children.

As the alleged suspects began to drive off with the woman’s 7- and 8-year-old boys, she ran toward the vehicle screaming in an attempt to get them to stop, according to a release issued by Roseville police. The suspects did not listen to the pleading mother, and instead fled at a high rate of speed from the driveway. In the process, it is alleged that they struck the woman with the vehicle and subsequently ran over her legs in their efforts to get away.

Still in the woman’s vehicle, the suspects fled from the 26000 block of Collingwood Street to the 18000 block of Marquette Street. They lost control of the Jeep, striking a telephone pole. The suspects then jumped out of the vehicle according to police and fled on foot; the two boys jumped out of the vehicle and were not injured. Eyewitnesses told police that the suspects were picked up by a vehicle described as a dark-colored small SUV or minivan.

The woman was hospitalized and suffered head and leg injuries. On Friday morning following the carjacking, she was upgraded from critical to stable condition. A search continues for the suspects; Roseville police ask that witnesses call 586-447-4483.

Carjacking is a very serious criminal offense; Michigan carjacking attorneys know you may be charged with grand theft auto, joyriding or unlawfully driving away an automobile (UDAA). Even when no weapon is involved in the commission of the crime, you can face charges of carjacking. In the offense described above, the suspects could additionally face charges of kidnapping as well, which could ultimately mean life in prison and fines of as much as $50,000 if convicted.

October 5, 2012

Driving on a Suspended License in Michigan – What You Need to Know

by Scott Grabel

If you are caught driving on a suspended license, whether you knew it was suspended or not, you could be facing serious consequences. Michigan driver’s license restoration attorneys know that you potentially face a criminal charge if you are found to be driving on a license that has been suspended or revoked, regardless of the reason.

The fact that you were not aware that your license was suspended is not always an effective legal defense. If you were not aware that your driver’s license was in fact suspended, you may wonder how or why you lost your driving privileges. Generally, those who are not aware of license suspension have committed an offense (or multiple offenses) which may include driving without insurance, reckless driving, DUI or OWI, or even moving violations or unpaid traffic tickets/citations. You could absolutely face jail time if caught driving with a suspended or revoked license.

What is the difference between license suspension and revocation?

When your driver’s license is suspended, it will be automatically reinstated once the suspension period is up. You will likely be required to pay any driver responsibility fees that apply, and a $125 reinstatement fee.

Having your license revoked is far more serious, and having your license restored requires a process that is quite complex and includes reinstatement hearings, a mountain of paperwork and more. It is advised that you have a Michigan driver’s license restoration attorney guide you through this process for the best possible outcome.

What happens when you are caught driving on a suspended license?

You may be facing any number of penalties, depending upon the circumstances. When an accident is involved and you were driving with a suspended license, you may face felony charges; depending upon whether anyone was injured, you could face fines of as much as $5,000 and up to 5 years in prison. Even worse, someone could lose their life in an accident – and you could be required to pay as much as $10,000 and/or spend up to 15 years behind bars.

Other than monetary fines and/or jail/prison time, your auto insurance provider is apt to raise your insurance rates and could even decide it’s best to completely drop coverage.

October 3, 2012

Jimmy Hoffa’s Remains Possibly Beneath Roseville Driveway

by Scott Grabel

Recently, news reports have indicated that Teamster boss Jimmy Hoffa, who disappeared from a Bloomfield Hills Township lunch meeting 37 years ago, may be buried beneath a Roseville driveway. According to Roseville Police Chief James Berlin, the department received information from an individual who claimed to see something. Michigan’s Department of Environmental Quality decided to follow up on the tip, using radar to investigate a particular area below the driveway; an anomaly was detected and the department scheduled a return visit to collect a soil sample on September 28th.

After his disappearance in 1975, Hoffa’s whereabouts has remained one of the biggest mysteries of the 20th century. Over the decades, authorities have received hundreds of tips regarding what happened to Hoffa, but this one seemed credible according to Berlin. The informant believed a body was buried under the driveway of a residential home after he “saw something,” and that the body was that of Hoffa because it was during the time period that Hoffa disappeared. News reports claim that the driveway in question is located in the 18700 block of Florida.

Hoffa, who at the time was 62 years old, had gone to what was then the Machus Red Fox restaurant in order to reconcile with Anthony Provenzano (Tony Pro) and Anthony Giacalone (Tony Jack), two mobsters. Provenzano was a New Jersey Teamster official, Giacalone a Detroit mafia captain. Hoffa has never been seen again since that fateful July 30th of 1975.

Hoffa had been sentenced to 8 to 13 years in prison for conspiracy, fraud and jury tampering, and had served almost 5 years of that sentence when he disappeared. FBI authorities believed at the time that Hoffa’s body was incinerated of shredded after he had gotten into a vehicle driven by Chuckie O’Brien before being driven to the scene of his murder. O’Brien was Hoffa’s long-time protégé according to news reports.

No one has ever been charged in Hoffa’s disappearance, and police say that the homeowner who now lives at the home in question is being cooperative, but does not want to be interviewed. She has lived in the home for more than a decade.

Michigan criminal defense lawyers certainly find this a very compelling case. The mystery of what happened to Jimmy Hoffa has been one that has sparked interest and speculation for years.

October 2, 2012

Romulus Police Face Trial for Accusations of Corruption

by Scott Grabel

In September of 2011, Romulus former police chief Michael St. Andre, five detectives and St. Andre’s wife were hit with numerous charges in a corruption case that involved prostitution, embezzlement, misconduct in office, and a slew of other charges. Just over one year later, the 7 accused face trial in Detroit’s 3rd Circuit Court.

St. Andre, his wife Sandra, Larry Droege, Donald Hopkins, Sgt. Richard Balzer, Richard Landry, and Jeremy Channells face a total of 40 felony charges, the most serious of which could potentially land some of the accused in prison for 20 years if convicted. Charges related to operating a criminal enterprise are the most serious; St. Andre faces three possible 20-year felonies after racking up a total of 10 charges.

The department was supposedly conducting a “covert” vice investigation into Subi’s Place in Southgate, and the Landing Strip Bar in Romulus, both erotic clubs according to news reports. Prosecutors claim that over the course of the alleged investigation, police officers fabricated and inflated expenses, purchased prostitutes and skimmed property that was seized.

A release issued on Wednesday, September 26th by the Wayne County Prosecutor’s Office states that numerous unexplained cash deposits were made into the St. Andres’ personal bank accounts between January 2006 and September 2011, deposits which were far beyond their incomes. They are also accused of using city assets specified for police for their own personal gain. Michigan state police, the FBI and prosecutor staff members conducted the investigation into the police department after being alerted by a “high-ranking” Romulus whistleblower.

Michael St. Andre faces charges of conducting criminal enterprise, criminal enterprise-conspiracy, uttering and publishing, failure to file/false return on taxes, obstruction of justice, receiving and concealing stolen property over $20,000, embezzlement by public official over $50 and misconduct in office among other charges. His wife faces a total of 4 charges.

October 1, 2012

Two Leslie Men Who Allegedly Robbed Danville Gas Station Facing Multiple Felony Charges

by Scott Grabel

Two Leslie men, 22-year-old Nicholas Christ and 20-year-old Jacob Laraway, were recently booked on multiple felony charges after allegedly robbing a rural Ingham County gas station at gunpoint, according to Ingham County Sheriff’s Office.

The two men allegedly robbed the Dansville Gas Station at 978 Jackson Street early on the morning of September 24th; each of the men were arraigned on Tuesday in Ingham County District Court before Magistrate James Pahl. Both were arraigned on charges of felony firearm, armed robbery and carrying a dangerous weapon with unlawful intent.

According to news reports, the men took food, money and cigarettes after entering the station armed with shotguns. At the time of the alleged robbery, one customer and a clerk were present inside the gas station, but no one was injured.

After the robbery, the customer pursued the two men as they proceeded to the area of Williamston and Ewers roads; the suspects’ vehicle then stopped at which point one of the men got out of the vehicle and brandished a shotgun at the customer. The customer did not continue his pursuit after backing away from the gunman.

The suspects’ vehicle was located in a ditch by a sheriff’s deputy, and was unoccupied. New reports state that the vehicle’s emergency flashers were on near the Williams and Catholic Church roads intersection. A ground search then ensued by a Michigan State Police canine unit and helicopter; the two men were found in a field close to their vehicle, hiding in thick brush according to police.

The defendants are scheduled to for a pretrial hearing on October 2nd, and a preliminary examination on October 4th; bond for each of the men was set at $250,000 cash surety by Pahl.

Michigan criminal defense attorneys understand the serious nature of the offenses these men have been charged with, and the serious implications it will have to their lives if convicted. Individuals convicted on armed robbery charges may face up to life in prison.

September 28, 2012

Michigan State Rep. Bob Genetski Convicted on Charge of Drunk Driving

by Scott Grabel

On Tuesday, September 25th, state Representative Bob Genetski, R-Saugatuck, was convicted on charges of drunk driving for an incident that took place in January of this year. On January 19th, Genetski was arrested after failing a field sobriety test by a Michigan State University police officer. News reports state that Genetski’s blood-alcohol level was 0.08% 90 minutes after he was arrested.

Genetski was charged with misdemeanor drunk driving. Typical penalties for this charge are a $500 fine, jail time of as much as 93 days, and up to 360 hours of community service. In most cases, those convicted on a first-time offense do not spend time in jail. In Genetski’s case, his driver’s license was suspended in March by the Secretary of State because Genetski allegedly refused a Breathalyzer test. However, Genetski was granted driving privileges for court and work purposes by Ingham Circuit Judge William Collette.

According to newspaper reports, Genetski sat without expression as jurors were polled by the judge following deliberation. All six jurors replied “guilty” to charges of operating while intoxicated.

Mike Nichols, Genetski’s attorney, told reporters that he expects the sentencing hearing to take place sometime in the next 30 to 45 days. Genetski will face election in just a few weeks; it is anyone’s guess what the impact of his conviction will be to his career.

While it’s true no one wants to spend time in jail after being convicted on drunk driving charges, having a driver’s license suspended, even though it may seem minor, can be truly devastating to your everyday life. While you may be allowed to drive on a limited basis (to work, school, etc.), you don’t realize how essential to your life having the right to drive anywhere you like is, until you lose it. Many people have their licenses suspended or revoked every day, often related to traffic offenses such as DUI, speeding, reckless driving, etc.

September 27, 2012

Former Pontiac City Councilman Everett Seay Faces Multiple Drug, Bribery Charges

by Scott Grabel

Everett Seay, a 61-year-old former Pontiac city councilman, was recently charged with several counts including those for drug related offenses, bribery, conspiracy to commit bribery and aiding and abetting. Seay was still in office when several of these offenses allegedly occurred.

According to news reports, Seay was helping an alleged drug dealer set up a money-laundering business by pocketing money for what ultimately turned out to be a fake shipment of cocaine. Seay reportedly pocketed about $40,000 in bribes. As it turns out, the individual Seay thought to be a drug dealer was an undercover FBI agent who identified himself to Seay as “J.B.”

Two other men were also charged in the indictment. Roscoe Johnson, one of Seay’s associates from Detroit, and Richard Clanagan, Seay’s political advisor and friend, were charged. News reports allege that Clanagan, 69, and Johnson, 45, helped Seay in the process of soliciting and accepting money from a businessman who they believed was interested in devising a money-handling operation in Pontiac.

In the course of conversations, Seay learned that the businessman (FBI agent) was a drug dealer, and that “J.B.” desired to launder his drug proceeds by establishing a business in Pontiac, according to court documents. Seay helped the businessman in transporting 16 kilograms of what the government purported to be “fake” cocaine, although at the time Seay believed it to be authentic. He received $15,000 for helping in the transport of the shipment, and about $25,000 for getting the Pontiac business approved by the City Council.

Seay now faces a possible life sentence if convicted on drug charges, along with fines of as much as $250,000 and 10 years in prison on bribery charges.